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Employment Law

Across the table: 10 tips for preparing for a deposition

09/10/2010

A deposition may feel like a simple conversation between the parties in a lawsuit, but it isn’t. It is a tool used by a highly skilled practitioner to lock-in your side of the story, build his or her case through your admissions and evaluate you as a trial witness. The following are my top 10 things to think about as you prepare to give testimony in a deposition.

EEOC takes on ‘Cheaters,’ settles harassment case

09/09/2010

The Dallas-based owners and producers of the “Cheaters” syndicated television show—which highlights cases of sexual infidelity—have agreed to pay $50,000 to settle an EEOC sexual harassment lawsuit. Among the allegations: Two female office assistants were subjected to sexually explicit remarks and unwelcome touching by the company’s owner and upper-management staff.

Beware legal risk of raising employee’s title in lieu of pay

09/09/2010

With nervous employers still keeping generous raises on the shelf, more companies are turning to job title promotions to show their appreciation. The risk: The titles themselves don’t reflect the duties of the position and required expertise, which can cause difficulty separating exempt and non-exempt employees.

Electrolux, EEOC team up to help Muslim workers

09/08/2010

Employers rarely go out of their way to interact with the EEOC, but appliance manufacturer Electrolux is earning kudos for doing just that this summer. Electrolux actively sought the EEOC’s input when dealing with a religious accommodation issue facing Muslim employees at its St. Cloud plant.

How should we handle a deceased worker’s e-mail?

09/08/2010
Q. A deceased employee’s spouse has asked us for copies of personal e-mails that were on the employee’s work computer. Can we provide her copies?

What should we do with the belongings of an employee who died?

09/08/2010
Q. One of our employees recently died. We still have his personal belongings and are wondering what we should do to return these items?

Can we make this hire? Confidentiality agreement doesn’t include a noncompete

09/08/2010
Q. We want to hire an applicant, but received a letter from his employer stating that working for us would violate a confidentiality agreement he signed with that employer. Since he doesn’t have a noncompete agreement, can we hire him?

Fired after injury, star worker sues Delta under ADA

09/08/2010

Call it a missed opportunity. Call it a misunderstanding. Nancy Grozdanich-Lipinski did neither. She called her lawyer. Grozdanich-Lipinski is suing her former employer, Delta Airlines, for violations of the ADA.

Take all racial harassment complaints seriously

09/08/2010
When an employee complains about racial prejudice or harassment, don’t brush it off. Instead, act right away. Even a briefly hostile environment may mean a big award.

Punishing for accommodation request may be retaliation

09/08/2010
An employee who requests accommodations can sue for retaliation if he can show that his employer punished him for making the request.